88 FR 85838
OSM approved, with two deferrals, an amendment to the Virginia regulatory program under SMCRA.
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Agrivoltaics as a Lifeline for Rural Farmers and California's Renewable Energy Goals
Agrivoltaics, the concept of using solar energy systems to enhance agricultural production and generate renewable energy on the same plot of land, offers a lifeline to beleaguered farmers and communities facing water shortages, cost increases, and marginal agricultural profitability. This concept seeks to aid California in its ambitious renewables portfolio standard, and could reduce the impacts of climate change and the toll agricultural operations take on the San Joaquin Valley’s groundwater resources.
88 FR 83694
The Bureau of Safety and Environmental Enforcement proposed to incorporate certain documents by reference—Production Measurement Industry Standards and Safety Industry Standards, including one International Organization for Standardization/International Electrotechnical Commission standard—into the regulations governing oil, gas, and sulfur operations on the outer continental shelf.
88 FR 80298
EPA adopted a Bureau of Indian Affairs’ categorical exclusion for waste management activities involving remediation of hazardous waste sites under NEPA for use by EPA’s Contaminated Alaska Native Claims Settlement Act Lands Assistance Program.
88 FR 78681
DOE proposed to amend its implementing procedures governing compliance with NEPA, by adding a categorical exclusion for certain energy storage systems and revising categorical exclusions for upgrading and rebuilding transmission lines and for solar photovoltaic systems, as well as making conforming changes to related sections of the Department’s NEPA regulations.
88 FR 77140
The Federal Highway Administration seeks information on the status of the electric vehicle charger industry.
88 FR 75530
The Forest Service proposed to amend its special use regulations, which prohibit authorizing exclusive and perpetual use and occupancy of National Forest System lands, to provide an exemption for carbon capture and storage.
88 FR 72525
The Department of Homeland Security (DHS) adopted DOE’s electric vehicle charging stations categorical exclusion pursuant to §109 of NEPA to use for proposed DHS actions.
88 FR 69294
FERC amended the Uniform System of Accounts for public utilities and licensees to create new accounts for wind, solar, and other renewable generating assets; create a new functional class for energy storage accounts; codify the accounting treatment of environmental credits; and create new accounts within existing functions for computer hardware, software, and communication equipment.
NEPA Litigation Over Large Energy and Transport Infrastructure Projects
Despite five decades of experience, there is a considerable gap in legal and empirical study on the impacts of the National Environmental Policy Act (NEPA). Proponents of reform often claim NEPA litigation is a major obstacle for federal actions; others have concluded litigation is not a major contributor of project cost escalation or delays. This Article studies the incidence and conditions of infrastructure project litigation under NEPA, using a data set of 355 major transportation and energy infrastructure projects that completed a federal environmental study between 2010 and 2018.